ATT Examination- Paper 1 Part II- Personal Taxation Question 1 Income Tax Computation 2012-13 N/S S D Termination Gross salary 64,167 (70,000 x 11/12) Staff suggestion Exempt scheme Car Park Exempt Med. Insurance 347 (w3) Car benefit (w4) 8,640 Fuel benefit (w5) 5,370 Allowance 7,535 (685 x 11) Allowable (5,157) expense (w8) ISA - interest (not taxable) Bank interest 575 (460 x 100/80) Dividends 4,000 (3,600 x 100/90) Termination pay 4,050 (w6) 80,902 575 4,000 4,050 Tax due: 35,495 @ 20% (w7) = 7,099 45,407 @ 40% = 18,163 575 @ 40% = 230 4,000 @ 32.5% = 1,300 4,050 @ 40% = 1,620 28,412 Less: NTC on dividends (400) UK bank Int (115) PAYE (25,000) Income tax payable 2,897 by 31 January 2014
Workings W1 Award of 1,250 as part of the staff suggestion scheme is exempt benefit. W2 Annual permit for car park across the road exempt benefit W3 Medical insurance 11 months = 379/12 x 11 = 347 W4 Car benefit % = 11% + 190-100 5 = 29% Car benefit = 32,500 x 29% x 11/12 = 8,640 W5 Fuel benefit 20,200 x 29% x 11/12 = 5,370 W6 Termination payment Statutory Redundancy Pay 3,450 Accrued holiday 1,600 PILON (assumed not contractual) 15,000 Ex-gratia payment 14,000 34,050 Less: 30k exemption (30,000) 4,050 W7 Gift Aid Gross cont = 75 x 100/80 = 93.75 Total gross contribution 12 months = 93.75 x 12 = 1,125 New Basic Rate Band 34,370 +1,125 = 35,495
W8 Allowable expense deduction Client entertaining not allowable Entertaining co-workers not allowable Professional subscription - 378 Hotel bills - 2,679 Work related training course 2,100 Total - 5,157 Question 2 From: Taxtechnician@lucas.co.uk To: Partner@lucas.co.uk Date: May 2013 Subject: Friendlyco plc queries Dear Partner, Please see my response below to the queries from Friendlyco plc. 1) Key features of SIP Operation: Under SIP the employer will set up a trust which acquires shares of the employer s company which will be awarded to the employees. The general requirements for approval are i) Purpose of the plan should be to provide benefit to employees in nature of shares in the employing company. ii) It should be available to all the employees for participation. iii) Every employee who is invited to participate must be invited to participate on the same term. iv) No preferential treatment for directors and senior employees. In order to qualify for beneficial tax treatment the shares should be held for more than 5 years. If the shares are exercised within 5 years there will be income tax charge on exercise and there will also be Class 1 primary and secondary NIC due as the shares are readily convertible. Types of awards: i) Free shares: the company can issue free shares worth 3,000 p.a. to each employee. ii) Partnership shares: the employee can buy shares lower of 1,500 p.a. or 10% of salary + bonus. The amount used to buy partnership shares is deducted from the earnings to apply PAYE and NIC deduction. iii) Matching shares: the employer can award maximum of 2 shares for each partnership share held by the employee.
iv) Dividend shares: the employee can reinvest up to 2,000 p.a. of dividends received from the plan to acquire further shares. This is tax free. 2) Income Tax Implication Jessica Brown Shares held for 3-5 years. Therefore IT due on lower of i) MV @ award - 1 /share ii) MV @ exercise - 3/ share :. Income tax is due on 2,000 ( 1 / share x 2000 shares) Chase Hartley Shares held for less than 3 years. Income tax is payable on the MV of the shares at withdrawal. :. Income tax is due on 4,500 ( 3/ sh x 1500 shares). Skye Young Shares held for less than 3 years. Therefore, income tax is payable on MV of the shares at withdrawal. :. Amount subject to income tax 3,600 ( 3 / sh x 1200 shares). Pease note, since these are readily convertible assets (shares in quoted company) there will be Class 1 NIC due on the income. Should you have any questions, please let me know. Yours sincerely, Tax Adviser Question 3 2) If Sarah disposed her Zeuthen plc shares to her sister, the MV of the shares at disposal will be treated as the sale proceeds. 3) Client address Date: May 2013 Firm address Subject UK Capital Gains Tax Dear Sarah,
Please note W1. Zeuthan PLC Sale proceeds 12,500 (2000 x 6.25) Less: Cost (14,000) (2000 x 7) Capital loss (1,500) Shares acquired within 30 days of disposal are deemed to be disposed first. W2. Borch Ltd takeover Value of consideration Cash 200,000 QCB 300,000 500,000 Sale proceeds (cash) 200,000 Less: cost (40,000) 100,000 x 200,000 500,000 Gain 160,000 Sale proceeds 50,000 Less: cost (10,000) 100,000 x 50,000 500,000 Gain 40,000 Total gain = 200,000 Question 4 Client s address Firms address Date: May 2013 Subject: Leases Dear Natasha,
Thanks for your email. Please see my response below to your queries. Grant of sub-lease to Katie High Please note since you are granting a short sub-lease from the head lease there will be both income tax and capital gain tax element on the grant of the sub-lease. However, you can claim deduction for the premium paid for the head lease for the period. The income element will be treated as property income and the rest will be treated as a chargeable gain. Grant of lease to Mathilda Power If you grant a lease of 60 years there will be no property income liable to income tax as it will result in grant of long lease (> 50 years). The premium will be chargeable to capital gains. However, if you grant a lease of 40 years this will be treated as a short lease. A part of the premium received will be treated as property income and subject to income tax and the rest will be treated as chargeable gain. If you need any further assistance with any tax calculations as a result of these leases, please do not hesitate to contact me. Yours sincerely, Hattie Tee